[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2986 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 2986
To award grants to States to support efforts at institutions of higher
education to increase degree attainment, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2018
Mr. Casey (for himself, Mr. Booker, and Mr. Kaine) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To award grants to States to support efforts at institutions of higher
education to increase degree attainment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Correctly Recognizing Educational
Achievements To Empower Graduates Act'' or the ``CREATE Graduates
Act''.
SEC. 2. CREATE GRADUATES.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by inserting after part B the following:
``PART C--CREATE GRADUATES
``SEC. 751. PURPOSE.
``The purpose of this part is to award grants to States to support
efforts at institutions of higher education or within systems of higher
education to increase postsecondary degree attainment by--
``(1) locating, and conferring degrees to, students who
have accumulated sufficient applicable postsecondary credits
and maintained a sufficient grade point average to earn an
associate's degree but did not receive one;
``(2) providing outreach to those students who are within
12 credits of earning an associate's degree; and
``(3) establishing partnerships between 2-year and 4-year
institutions of higher education in States, in order to
strengthen the transition pathways into 4-year institutions of
higher education for transfer students.
``SEC. 752. GRANTS TO INCREASE DEGREE ATTAINMENT.
``(a) Definition of Institution of Higher Education.--In this
section, the term `institution of higher education' has the meaning
given the term in section 101(a).
``(b) Program Authorized.--
``(1) In general.--From amounts appropriated under
subsection (j), the Secretary shall award grants, on a
competitive basis, to States to enable the States to carry out
the activities described in subsections (e) and (f) in order to
support efforts at institutions of higher education to increase
degree attainment.
``(2) Partnerships allowed.--A State may apply for a grant
under this section in partnership with a nonprofit
organization. In any such partnership, the State higher
education agency or other State agency described in subsection
(c)(1) shall serve as the fiscal agent for purposes of the
grant.
``(c) Submission and Contents of Application.--
``(1) In general.--The State, acting through the State
higher education agency or other State agency determined
appropriate by the Governor or chief executive officer of the
State, shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(2) Contents.--An application submitted under paragraph
(1) shall include the following:
``(A) A description of the State's capacity to
administer the grant under this section and report
annually to the Secretary on the progress of the
activities and services described in subsection (e).
``(B) A description of how the State will meet the
purposes of the grant program under this part through
outreach and memoranda of understanding with
institutions of higher education, including the State's
plan for using grant funds to meet the requirements of
subsections (e) and (g) and, if the State elects to use
grant funds under such subsection to create strong
articulation agreements, subsection (f)(2).
``(C) A description of how the State will
coordinate with appropriate stakeholders, including
institutions of higher education, data-sharing agencies
within the State, and other States.
``(D) A description of--
``(i) the structure that the State has in
place to administer the activities and services
described in subsection (e), including--
``(I) the capacity of the State's
longitudinal data system to--
``(aa) be clean of record
duplication and ensure
alignment of State and
institutional credit completion
records;
``(bb) include transfer
flags and course and credit
data to allow the State to run
initial degree audits for
institutions;
``(cc) include all
postsecondary educational
institutions in the State,
including public, private
nonprofit, and private for-
profit institutions; and
``(dd) have in place
mechanisms to share data across
institutions, systems, and
States;
``(II) the capacity of the agency
governing the State's longitudinal
system to respond to data requests
accurately and in a timely manner; and
``(III) the State's plan to protect
student privacy with respect to data in
the State longitudinal data system and
comply with section 444 of the General
Education Provisions Act (commonly
referred to as the `Family Educational
Rights and Privacy Act of 1974'); or
``(ii) the State's plan to develop such
administrative capacity as part of the
activities carried out under the grant.
``(d) Award Basis and Priority.--The Secretary shall award grants
under this section to States based on the quality of the applications
submitted under subsection (c). In awarding grants under this section,
the Secretary shall give priority to applications from States--
``(1) that do not have, as of the time of the application,
statewide policies or statewide initiatives in place to
retroactively award associate's degrees to students; or
``(2) that have a commitment to initiatives regarding the
retroactive awarding of associate's degrees that will continue
after the period of the grant.
``(e) Mandatory Use of Funds.--
``(1) Subgrants.--A State that receives a grant under this
section shall use not less than 80 percent of the grant funds
provided to award subgrants, on a competitive basis, to
institutions of higher education or systems of higher
education. Each institution of higher education or system of
higher education receiving a subgrant shall carry out all of
the following activities and services, pursuant to the
conditions under subsection (g):
``(A) Identify the group of students enrolled at
the institution of higher education on the date of the
identification and former students enrolled at the
institution of higher education, or at the institutions
of higher education within the system of higher
education, as the case may be, that, based on the data
held by the institution or system, meet both of the
following requirements:
``(i) Each individual was enrolled in not
less than 45 postsecondary credit hours (or the
minimum required by the State to earn an
associate's degree)--
``(I) in the case of former
students enrolled at the institution of
higher education or at the institutions
of higher education within the system
of higher education, as the case may
be, at the institution or institutions;
and
``(II) in the case of students
enrolled at the institution of higher
education or at the institutions of
higher education within the system of
higher education, as the case may be,
on the date of the identification, at
another institution of higher
education.
``(ii) Each individual has not had any
postsecondary degree or certificate, of any
kind, issued to the student by an institution
of higher education.
``(B) Perform a degree audit on each student
described in subparagraph (A), and identify each such
student as one of the following:
``(i) Eligible to obtain an associate's
degree.
``(ii) Eligible to obtain an associate's
degree upon the completion of 12 or fewer
postsecondary credit hours (or the equivalent).
``(iii) Not eligible under either clause
(i) or (ii).
``(C) Provide outreach to each student identified
in subparagraph (B)(i), and award the earned
associate's degree to such student, unless such student
declines through a written or oral declaration.
``(D) Provide outreach to each student identified
in subparagraph (B)(ii) that includes information
regarding next steps toward degree attainment,
including financial aid options.
``(2) Application process.--An institution of higher
education or system of higher education desiring a subgrant
under this subsection shall submit an application to the State
at such time, in such manner, and containing such information
as the State may require. Such application shall include a
written commitment from the institution or system that, if the
institution or system receives a grant, the institution or
system will carry out all of the activities described in
paragraph (1).
``(3) Priority.--Each State awarding subgrants under this
part shall give priority to applications from institutions of
higher education or systems of higher education that--
``(A) have up-to-date degree audit software or
systems to increase automation of degree audits and
transcript exchange, or a plan to invest and develop
such software or systems;
``(B) if such policy is permissible under
applicable accreditation or State standards, use a
policy that awards associate's degrees to any candidate
identified in paragraph (1)(B)(i) and provides
candidates with a process to opt out of such award
program;
``(C) waive nonacademic barriers to graduation,
such as an application, swimming test, library fine,
transcript exchange fee, graduation fee, parking
ticket, or any other nominal fee;
``(D) waive or amend residency and recency
requirements to prevent earned credits from expiring,
if such action is permissible under accreditation or
State standards;
``(E) provide students with tuition waivers,
reduced tuition, or prior learning assessments for
those who need to earn remaining credits; and
``(F) agree that, after the conclusion of the
activities described in paragraph (1) and continuing
after the end of the grant period, the institution or
system will--
``(i) conduct degree audits for all
enrolled students once the students enroll in
45 postsecondary credit hours; and
``(ii) provide information about graduation
deadlines to remind students of relevant
requirements at least 4 months before the
students graduate and again 1 month before
graduation.
``(f) Permissive Use of Funds.--A State receiving a grant under
this section may use--
``(1) not more than 15 percent of the total amount received
under this section for administrative purposes relating to the
grant under this section, including technology needed to carry
out the purposes of this part; and
``(2) not more than 5 percent of the total amount received
under this section to create articulation agreements between 2-
year and 4-year institutions of higher education, in order to
enhance collaboration and strengthen the transition pathways
between such institutions for transfer students.
``(g) Special Conditions and Prohibitions.--
``(1) Availability to students.--A State, institution of
higher education, or system of higher education receiving a
grant or subgrant, as the case may be, under this section shall
not charge any student an additional fee or charge to
participate in the activities or services supported under this
section.
``(2) Prohibited uses.--A State, institution of higher
education, or system of higher education receiving a grant or
subgrant, as the case may be, under this section shall not use
any grant or subgrant funds for tuition, fees, room and board,
or any other purpose outside the goals of the grant.
``(3) FERPA requirements.--Each State, institution of
higher education, or system of higher education receiving a
grant or subgrant, respectively, under this section that enters
into a contract or other agreement with any outside entity to
assist in carrying out the activities or services under such
grant or subgrant, shall ensure that the outside entity
complies with all requirements of section 444 of the General
Education Provisions Act (commonly referred to as the `Family
Educational Rights and Privacy Act of 1974') that would apply
to the State, institution, or system.
``(4) Coordination.--A State receiving a grant under this
section shall ensure the coordination of the activities and
services carried out under this section with any other
activities carried out in the State that are similar to the
goals of this program, and with any other entities that support
the existing activities in the State, with the goal of
minimizing duplication.
``(h) Report.--
``(1) In general.--A State receiving a grant under this
section shall prepare and submit an annual report to the
Secretary on the activities and services carried out under this
section, and on the implementation of such activities and
services. The report shall include, for each institution of
higher education or system of higher education receiving a
subgrant, the following information:
``(A) The number of students who were first
identified in the group described in subsection
(e)(1)(A)(i).
``(B) The number of students who were removed from
such group because the students had received a degree
elsewhere, in accordance with subsection (e)(1)(A)(ii).
``(C) The number of degree audits performed under
subsection (e)(1)(B).
``(D) The number of students identified under
subsection (e)(1)(B)(i) as eligible to obtain an
associate's degree.
``(E) The number of students identified under
subsection (e)(1)(B)(ii) as eligible to obtain an
associate's degree upon the completion of 12 or fewer
credits.
``(F) The number of students identified under
subsection (e)(1)(B)(iii) as ineligible to obtain an
associate's degree and ineligible to obtain such a
degree upon the completion of 12 or fewer credits.
``(G) The number of students awarded an associate's
degree under subsection (e)(1)(C).
``(H) The number of students identified in
subsection (e)(1)(B)(ii) who are returning to an
institution of higher education after receiving
outreach described in subsection (e)(1)(D).
``(I) The average amount of credit hours previously
earned by students described in subsection (e)(1)(B)(i)
when the associate's degrees are awarded.
``(J) The number of students who received outreach
described in subsection (e)(1)(C) and who decline to
receive the associate's degree.
``(K) The number of students who could not be
located or reached as part of the process.
``(L) The reasons why students identified in
subsection (e)(1)(B)(ii) did not return to an
institution of higher education to receive a degree.
``(M) Details of any policy changes implemented as
a result of implementing this program and conducting
the required degree audits.
``(2) Disaggregation.--The report shall include the
information described in subparagraphs (A) through (L) of
paragraph (1) in the aggregate and disaggregated by age,
gender, race or ethnicity, status as an individual with a
disability, and socioeconomic status (including status as a
Federal Pell Grant recipient).
``(i) Enforcement Provisions.--
``(1) Recovery or withholding.--The Secretary may, after
notice and an opportunity for a hearing in accordance with
chapter 5 of title 5, United States Code--
``(A) withhold funds provided under a grant or
subgrant under this section if a State or institution
of higher education is failing to comply substantially
with the requirements of this section; or
``(B) take actions to recover funds provided under
a grant or subgrant under this section, if the State or
institution made an unallowable expense, or otherwise
failed to discharge its responsibility to properly
account for funds.
``(2) Use of recovered or unused funds.--Any funds
recovered or withheld under paragraph (1) shall--
``(A) be credited to the appropriations account
from which amounts are available to make grants or
enter cooperative agreements under this section; and
``(B) remain available until expended for any
purpose of that account authorized by law that relates
to the program under this section.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2019 and each of the 2 subsequent fiscal years.''.
SEC. 3. RELEASE OF EDUCATION RECORDS TO FACILITATE THE AWARD OF A
RECOGNIZED POSTSECONDARY CREDENTIAL.
Section 444(b) of the General Education Provisions Act (20 U.S.C.
1232g(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (K)(ii), by striking ``; and''
and inserting a semicolon; and
(B) in subparagraph (L), by striking the period at
the end and inserting ``; and'' ; and
(2) by inserting after subparagraph (L) the following:
``(M) an institution of postsecondary education in which
the student was previously enrolled, to which records of
postsecondary coursework and credits are sent for the purpose
of applying such coursework and credits toward completion of a
recognized postsecondary credential (as that term is defined in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102)), upon condition that the student provides written
consent prior to receiving such credential.''.
<all>